Marcus & Millichap Terms of Use
Last Updated on March 17, 2025.
The Marcus & Millichap.com web site (the “Site”) is a service of Marcus & Millichap Real Estate Investment Services, Inc. (“MMREIS”), a California corporation, and its parent company, Marcus & Millichap, Inc., a Delaware corporation (“MMI”). MMI and MMREIS are collectively referred to in these Terms of Use as “Marcus & Millichap”, “us”, “our” or “we”. These marcusmillichap.com Terms of Use (“Terms of Use”) set forth the terms and conditions applicable to your access and use of the Site.
BY ACCESSING OR USING THE SITE AND/OR REGISTERING WITH THE SITE YOU AGREE TO THESE TERMS OF USE, WHICH FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND MARCUS & MILLICHAP. PLEASE BE AWARE THAT THESE TERMS OF USE INCLUDE A JURY TRIAL WAIVER, BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER THAT TOGETHER WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL. THESE TERMS ARE CONTAINED IN SECTION 11 BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE AND ARE DIRECTED TO EXIT AND/OR CEASE ALL USE OF THE SITE IMMEDIATELY.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 5 AND 7 BELOW.
WE MAY REVISE THESE TERMS OF USE AT ANYTIME, BY POSTING A NEW VERSION TO THIS LOCATION, WITHOUT NOTICE (OR WITH SUCH NOTIFICATION AS MAY BE EXPRESSLY REQUIRED BY APPLICABLE LAW, IF ANY). WHEN WE DO, WE WILL ALSO REVISE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS OF USE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERTEXT LINK LOCATED AT THE BOTTOM OF OUR WEB PAGES. YOUR CONTINUED ACCESS AND/OR USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE. ACCORDINGLY, IT IS RECOMMENDED THAT YOU REVIEW THE TERMS OF USE PERIODICALLY FOR UPDATES.
1. General Use and Restrictions.
1.1 Use of Site. Subject to the provisions contained in these Terms of Use including, without limitation, Section 1.4 below, we grant you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable right to access and use the Site solely to view information about the products and services offered by Marcus & Millichap (including, without limitation, information about the properties listed on the Site) for your own internal purposes. You agree not to access or use the Site for any other purpose including, without limitation, any purpose that is prohibited by these Terms of Use or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. We may, in our sole discretion, terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express written notice thereof.
1.2 Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information, and you expressly warrant that all such information is true, accurate, current and complete in all respects. You represent that You are at least eighteen (18) years of age or the legal age of majority in your jurisdiction (whichever is greater) and will, at all times, provide only information which you have all necessary rights, permission(s), prior express consent, or authority to provide when submitting information to the Site. You further agree to update all such information promptly after any change and that you will not provide any information to the Site that (a) may infringe, misappropriate, or violate a copyright or trademark, or any other intellectual property right, (b) may violate the privacy rights of another, or (c) violates any applicable municipal, state or federal law, rule, regulation or ordinance.
1.3 Use of Content. You may print a single copy of any price, property listing, conditions, photos, projections, webcasts, assumptions, estimates, and/or other information displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for your internal use; provided that you (a) do not remove any notices or other information contained on such Content, and (b) strictly comply with the provisions of these Terms of Use including, without limitation, Section 1.4 below, with respect to your use of such single copy of Content.
1.4 Restrictions. Other than printing a single copy of particular Content, as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce any Content, and in any event you may not, alter, modify, create derivative works, distribute, perform or display any Content or any copy thereof without first receiving our express written permission. Further, any reports or other content which is expressly attributed to “Marcus & Millichap, Marcus & Millichap Real Estate Investment Services, Inc., or MMREIS” shall be used for internal purposes only and shall not be republished or redistributed. You further agree not to, without first obtaining our express written permission, (a) use any of our trademarks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, (c) display any part of the Site in frames (or any Content via frames or in-line links), and/or (d) use or access, or attempt to use or access, any portion of the Site for which registration is required unless you are a Registered User (as defined in Section 3 below) with authorization to access that portion of the Site. You further agree not to (i) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site, (ii). Use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site, (iii) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Site in any service bureau arrangement or otherwise for the benefit of any third party, (iv) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Site, or (v) remove, obscure, deface, or alter any proprietary rights notices, signifiers, credits, or attributions on any element of the Site or Content.
2. Registration. Certain portions of the Site may be accessible only to users that register to use those portions of the Site (“Registered Users”). If you register to use the Site, you will choose, or be issued, a username and password and, once you have a username and password, you will be considered a Registered User and issued an account to use the Site. However, we may terminate your status as a Registered User for any reason (or no reason) with or without notice to you, and you agree not to access the Site at any time after we give you notice of such termination. You may not authorize any third party to access and/or use your username, password or account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree to notify us immediately of any unauthorized use of your username, password or account. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use by the party using your account.
3. Links to External Sites. We may provide hyperlinks to other web sites and Internet resources operated by parties other than Marcus & Millichap. Marcus & Millichap is not responsible for the content of any linked web site or Internet resource or for the privacy settings, data collection practices or legal disclaimers contained within such linked sites. Such hyperlinks are provided for your reference and convenience only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators. . WE EXPRESSLY DISCLAIM RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF OR ACCESS TO SUCH EXTERNAL THIRD-PARTY MATERIALS. Additional notices, terms, and conditions may apply to services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the Site, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Site. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third-party terms applicable thereto, and you agree to abide by all such terms in connection with your use of the Site. You further agree that (a) these Terms of Use operate in addition to any terms imposed or required by any such third-party provider; and (b) these Terms of Use supplement and do not alter or amend any such third-party terms.
4. Intellectual Property. Except for Content that is in the public domain, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Marcus & Millichap and/or its applicable third-party licensors, and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in Section 1.3 above. Marcus & Millichap, MarcusMillichap.com and all related logos are either trademarks or registered trademarks of Marcus & Millichap or its licensors, and, except as expressly provided in Section 1.3 above, may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Marcus & Millichap or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission, except as expressly provided in Section 1.3 above. Except as otherwise expressly provided in these Terms of Use, all rights in and to the Site and Content are expressly reserved by Marcus & Millichap. Any unauthorized use of the Content may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights other than the express, limited right to use and access the Site and Content as explicitly set forth hereunder.
5. No Warranties. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. MARCUS & MILLICHAP, ITS SUPPLIERS AND AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS AND AFFILIATES KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS, OR THAT THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. WE FURTHER EXPRESSLY DISCLAIM ANY WARRANTY OR GUARANTEE REGARDING THE LOSS OR CORRUPTION OF DATA OR CONTENT UPLOADED TO, STORED BY, OR TRANSMITTED BY THE SITE OR SERVICES.
The content and information contained in or made available through the Site, as well as the transactions and other features performed on the Site, cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Site should be treated or construed as professional advice on financial, tax, medical, or legal matters. You are solely responsible for the outcomes and results of your use of the Site, and any acts or omissions taken in reliance on Content or information made available to you via the Site. You acknowledge that you are solely responsible and accountable for your decisions, actions, and results regarding financial, tax, medical, and legal matters, and agree that we shall not be held liable for any decisions made by you in reliance or with reference to any Content or information that you access on the Site.
Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you. We assume no liability or responsibility for any errors or omissions in respect of the Site including, without limitation, any errors or omissions with respect to any Content. Further, we do not represent or warrant that any aspect of the Site will work properly or will be continuously available.
6. Indemnification. You hereby agree to indemnify, defend and hold harmless Marcus & Millichap and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, damages costs and expenses, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your access and/or use of the Site including, without limitation, any Content, (b) any breach of any of these Terms of Use by you or, if applicable, any user of your account, and/or (c) any allegation which, if true, would constitute a breach of any of these Terms of Use by you or, if applicable, any user of your Account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
7. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL MARCUS & MILLICHAP AND/OR ITS SUPPLIERS BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR THE INACCURACY OF ANY CONTENT, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF MARCUS & MILLICHAP AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, MARCUS & MILLICHAP’S AND ITS SUPPLIERS AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO $5.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN WHICH CASE THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS OF THE RELEVANT JURISDICTION.
8. Release. In the event that you have a dispute with any person or entity, aside from a dispute with us which is governed by Section 11 of these Terms of Use, arising from your use of the Site, you release Marcus & Millichap (and its officers, directors, agents, affiliates, suppliers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Whether or not you are a California resident, you waive and relinquish all rights and benefits under any legal principle with the similar effect of California Civil Code §1542 in any jurisdiction with respect to the release granted above in this Section 8.
9. Modifications to the Site. For the avoidance of doubt, we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the availability of any Content contained on the Site at any time for any reason (or for no reason) and without notice or liability.
10. Privacy. Information we collect on the Site from you is subject to our Privacy Policy. You consent to the collection, use, and disclosure of such information as set forth in our Privacy Policy.
11. Governing Law. WAIVER OF JURY TRIAL, BINDING ARBITRATION, AND CLASS ACTION WAIVER.
11.1 Governing Law. The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. These Terms of Use, and all matters arising out of or relating to the Site, shall be governed by the laws of the United States and the state of Delaware, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Additionally, the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or the Site.
11.2 WAIVER OF JURY TRIAL AND BINDING ARBITRATION. By using the Site and/or agreeing to these Terms of Use, you agree that any claims, disputes, controversies, actions, or proceedings relating to or arising out of these Terms of Use or any transaction between you and us shall be resolved by binding arbitration in accordance with the Consumer rules of the American Arbitration Association (“AAA”). You agree that: (a) any arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA; (b) any arbitration shall be conducted on submission, telephonically, virtually, or at a reasonably convenient location; (c) an arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines, penalties, punitive damages, or equitable relief, and you may seek only equitable relief from a court of competent jurisdiction at any time; (D) EXCEPT AS SET FORTH IN SUBPART (F) BELOW, THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL; (E) YOUR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND YOU SHALL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY ONLY RESOLVE CLAIMS AND RENDER AWARDS BETWEEN YOU AND US ALONE; (f) you may elect to bring your claim in a state small claims court of competent jurisdiction over the claims and parties; and (g) Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.. With the exception of subpart (e) above, if any part of this arbitration provision is deemed invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then the same shall be stricken and the balance of this provision shall remain in effect and construed accordingly. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at www.adr.org.
11.3 CLASS ACTION WAIVER. YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION
12. Term, Termination, and Survival. These Terms of Use (or re-take effect) at the earlier of: (i) your electronic acceptance of these Terms of Use on the Site; and (ii) moment you first access, use, and/or log into the Site. We reserve the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend your access to the Site or to any portion thereof.
These Terms of Use (and your right to use and access the Site herein granted) terminate immediately if you fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate these Terms of Use at any time by ceasing to use the Site, but each subsequent login, re-access, or renewed use of the Site constitutes your renewed acceptance of these Terms of Use. Upon termination or expiration of the Terms of Use for any reason, all licenses granted by us hereunder shall immediately terminate, and you must immediately cease all use of the Site and Content. The provisions of these Terms of Use concerning our proprietary rights, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, governing law, and dispute resolution will survive the termination of these Terms of Use for any reason.
13. Security and Compliance. We reserve the right at all times to view, monitor, and record your activity on the Site without notice or permission from you. Our provision of the Site is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce our ability to comply with governmental, court, and law enforcement requests or requirements involving your use of the Site or information provided to or gathered by us with respect to such use.
14. Miscellaneous. These Terms of Use, the Privacy Policy, and any other terms and conditions that may appear on the Site from time-to-time (including, without limitation, additional representations that we may ask you to make when submitting information to the Site) contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. You may not transfer any rights or obligations you may have to your account or under these Terms of Use without our prior written consent. We may transfer our rights under these Terms of Use without your consent. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms of Use shall remain in full force and effect. A printed version of these Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Marcus & Millichap to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. None of our rights or remedies conferred by these Terms of Use are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. We may provide notice to you relating to the Site and/or these Terms of Use by any reasonable means including, without limitation, sending an e-mail to your last known e-mail address, and any such e-mail notice shall be deemed given and received on the day it is sent. The relationship formed between the parties to these Terms of Use is one of independent contractors, and nothing herein shall be construed as creating any partnership, joint venture, agency relationship, or employment relationship between the parties.